General Terms of the Contract for Provision of Electronic Communications Services
Effective as from 06.08.2010
I. SUBJECT AND GENERAL PROVISIONS
1. These General Terms shall regulate the contractual relations between Vestitel BG AD and end users with regard to provision of public electronic communications services under the Electronic Communications Act.
2. Vestitel BG AD is a joint stock trading company with principal address of business Sofia, Lozenets District, 5 Philip Kutev Street, entered in the Trade Register at the Registry Agency with SIC 131128134, telephone +359 2 4281126, fax +359 2 4281126, Internet site – www.vestitel.bg, e-mail address: retail_sales@vestitel.bg, mailing address: Sofia 1700, 120, Simeonovsko Shosse Blvd., hereinafter referred to as UNDERTAKING.
3. End user shall be a legal or natural person which uses or requests use of a public electronic communication service, without providing public communications networks or public electronic communications services and is hereinafter referred to as USER.
4. These General Terms shall be binding upon the UNDERTAKING and USERS and are an integral part of individual contracts between them.
5. The General Terms shall come into force upon signing a written individual contract between the UNDERTAKING and END-USER or from the date of service activation.
6. In individual contracts and amendments thereto the parties may also agree conditions different from these General Terms.
7. USERS are responsible for compliance with the General Terms by any third-party beneficiaries of the services provided to them.
8. For the purposes of these General Terms the following words and expressions shall have the following meaning:
8.1. "Donor network" is the network from which the number is ported. It may or may not be the network of the holder of the number range.
8.2. "Provider" means an undertaking providing public fixed telephone service.
8.3. "Portability domain" are networks of providers of public fixed telephone services, in which number portability is implemented.
8.4. "Donating provider / donor" is the provider from whose network the geographical number is ported to another network.
8.5. "Holder of the number range" is the entity to which the Communications Regulation Commission (CRC) has given the number provided by the National Numbering Plan (NNP), part of which is the ported number.
8.6. "Network of the holder of the range of numbers" is the network provider to which the Commission has provided numbers of NNP, which is part of ported numbers.
8.7. "Troubleshooting" (System up) is to restore service systems of donor or recepient network after occurrence of a technical problem.
8.8. "Number portability" is a process that enables users of the entities - providers of fixed telephone service to retain their numbers when switching to another provider of fixed telephone service in the same geographic code or when switching back to the network of the holder of the number range.
8.9. "Ported number" is a geographic number providing access to fixed telephone service, which was subject to being ported from one provider’s network to another provider’s network of the Portability domain.
8.10. "Recepient" is the provider into whose network a geographic number is ported.
8.11. "Recepient network" is the network that accepts the number and by which the USER uses the specific services after the porting process is completed.
8.12. "Portability window" is a given period of time in the process of porting a number from activation of end-user’s access by the undertakings of the recepient system until deactivation of end-user’s access to donor network and updating databases of all undertakings with the number of routing to the recipient network.
8.13. "Technical problem" (System down) is suspension of the system, at donor or recepient network servicing the process of number portability.
8.14. "Inactive number" is a number whose use is terminated or restricted before the application for portability is filed.
8.15. "Business Day" - means any day from Monday to Friday except national holidays and public holidays specified by law or an act of the Council of Ministers.
II. ELECTRONIC COMMUNICATIONS SERVICES
9. UNDERTAKING shall provide the following public electronic communications services to USERS individually or in a package:
9.1. Fixed telephone service: telephone service of a particular quality provided between fixed end points of the public electronic communications network, including fixed telephone service through choice of operator.
9.2. Emergency call services: free services enabling USERS to access Emergency Medical Care, Police and Fire Safety and Protection of Population, including the single European emergency number 112.
9.3. Data Transmission Services consist in providing non-dial-up link between the UNDERTAKING and USER’s network access point and transport of IP packages as well as access to the World Wide Web.
IPTV Service (interactive digital TV) is the broadcasting of television programs and additional services within the meaning of the Law on Radio and Television via IP protocol for data transmission in the UNDERTAKING’s network and decoder (Set Top Box - STB), installed to USER’s TV set. The ranging of the IPTV service is made by USER through television and information portal (Portal) displayed on the screen of the television set. The portal contains pages that are viewed as menus, managed by remote control and providing additional information.
9.5. Additional interactive services that can be provided:
9.5.1. Electronic TV Guide (EPG-Electronic Programming Guide) – review of the programs of every channel for the coming week.
9.5.2. "Video on Demand" (VoD) - permits selection and viewing of diverse content of events, movies, concerts, training programs, interesting shows and more videos by accessing a catalog on a user-defined day and time.
9.5.3. Personal Video Recording (PVR) - recording of programs from the program schedule by requesting through the EPG service and viewing at a convenient time
9.5.4. TSTV (Time Shifted TV) - setting a pause for programs on TV channels, resulting in shifting the viewing of certain programs with relaion to the set time.
9.5.5. Surfing the Internet - Navigating the World Wide Web by remote control on the USER’s TV set.
9.5.6. Other interactive services.
9.6. Other electronic communications services subject to network functionality.
10. UNDERTAKING shall provide public electronic communications services with quality parameters in accordance with applicable law.
11. UNDERTAKING shall activate the service under item 9 of these General Terms in accordance with the individual contract, not later than 21 / twenty-one / calendar days from the date of signing the contract and payment of the initial lump sum for the service.
11.1. On the date of service activation a bilateral protocol shall be drawn up signed by the parties which shall include: activation date, service data, quality parameters, data of the terminal, providing other special conditions for each service.
11.2. Should the use of the UNDERTAKING's services require the USER's propertyto be connected to the UNDERTAKING’s public electronic communications network, the parties agree to a one-off connection fee.
12. Terminal communications devices to use services under paragraph 9 of these General Terms are assessed for compliance according to the Law on technical requirements for products.
12.1. Terminals are provided to USERS for their own account.
12.2. UNDERTAKING may provide terminals to USERS under terms and conditions agreed in a separate contract or annexes to the individual contract:
12.2.1. for purchase-sale of terminals at market prices with 12-month guarantee and post-guarantee maintenance;
12.2.2. for rental of terminals (upon providing STB);
12.2.3. for use of terminals for the duration of the electronic communications services, included in the service price;
12.2.4. for provision of samples of terminals for the duration of test services, devices and others.
12.3. In the bilateral Protocol under item 11 the parties shall establish the delivery and acceptance of the terminal, its type, technical specifications, price and other data and indicate the specific grounds under item 12.2.
IIІ. CONTRACT FOR SERVICES
13. The individual contract between the UNDERTAKING and USERS shall be considered concluded and effective upon signature by the parties.
14. The contract is concluded for an indefinite period unless provided otherwise by the parties.
15. The contract shall specify identification data of the UNDERTAKING and USER, including:
15.1. telephone, fax, e-mail and mailing address of the parties, service type, contract term, prices or price packages, terms and conditions of payment, rights, obligations and responsibilities of the parties, other specific conditions different from these Terms and Conditions.
15.2. further to the data under item 15.1, USERS provide the UNDERTAKING with the following identification data which they verify with the original documents on request:
15.2.1. for physical persons – three names, personal identification number, permanent and present address, mailing address, and for nonresidents - personal number, if necessary a document for power of representation (notarized power of attorney, etc.);
15.2.2. for legal entities and sole proprietors - the name (company), principal address of business, mailing address, identification code / SIC, the names of the person with power of representation and document of power of attorney (notarized power of attorney, certificate of good standing, etc.).
15.2.3. For legal non-profit persons - name, principal address of business, mailing address, BULSTAT, names of the person with power of representation and document of power of attorney (notarized power of attorney, certificate of good standing, etc.).
15.3. Further to data under 15.1, UNDERTAKING shall provide USERS with accurate business name, principal address of business, mailing address, ID CODE / SIC, bank account and the name of the person representing the UNDERTAKING.
16. The contract between the UNDERTAKING and the USER can be amended only by a written agreement between the parties.
16.1. The contract can be amended in the following circumstances:
16.1.1. At the initiative of either party, with the consent of the other party.
16.1.2. Amendment is made at the USER’s request, made by the applicable electronic communications resources of the UNDERTAKING and at a price according to the effective price list.
16.1.3. Upon an instance of force majeure within the meaning of Art. 306. 2 of the Trade Act, upon a change in legislation or upon implementation of an act of by a competent authority.
16.1.4. At the initiative of the UNDERTAKING following prior notification of the USERS through applicable electronic communications resources. In the event that USER does not object to the amendment of the contract within 15 calendar days of receipt of the written proposal it shall be considered that there is a tacit agreement to amend the contract.
17. UNDERTAKING may conclude contracts with physical or legal persons (called agents) which on behalf and for the account of the UNDERTAKING may enter into individual contracts with USERS, connect terminals to public electronic communications network of the UNDERTAKING and collect payments due for services provided. UNDERTAKING shall inform of such authorization as appropriate.
ІV. RIGHTS AND OBLIGATIONS OF USERS. LIABILITY.
18. Users shall have the following rights:
18.1. To use the services in accordance with applicable legislation of the Republic of Bulgaria, these General Terms and the individual contracts.
18.2. To be rendered services under Section II with parameters and quality under these Terms and the contract signed between the parties.
18.3. To request and receive information and reports in the manners stipulated in the General Terms with relation to the services provided by the UNDERTAKING.
18.4. Notify the UNDERTAKING as set forth in item 30.11 hereof of difficulties in using the services, and of any damage or harm caused to the electronic communications device or network.
18.5. To submit requests, complaints and suggestions and receive answers within the time limit under item 51 hereof.
18.6. To be informed in advance of planned interruptions for NETWORK maintenance and upon expected deterioration in the quality of services under section 30.6 hereof.
18.7. To suspend use of services at their discretion after submission to the UNDERTAKING of a written notice under item 20.10. At the date of suspension of the service the USER is liable to pay all amounts for services provided, including subscription fee for the month of notice. The parties agree to return terminals provided by the UNDERTAKING, if any, for the period of suspension of service.
18.7.1. Services are activated no earlier than 1 / one / month and no later than 3 / three / months.
18.7.2. Service shall be automatically reactivated upon expiry of the period specified in the USER’s request. Reactivation fee shall be determined according to the effective Price list.
18.7.3. For the period of suspension of service USERS shall not be liable for any monthly subscription fee and other fees for use of services.
18.7.4. Suspension of services is possible no more than twice in a calendar year and the contract period, if any, shall be extended with the period of suspension accordingly.
18.8. USERS of fixed telephone services are entitled to:
18.8.1. use the service number portability in accordance with legal requirements.
18.8.2. receive free itemized bill for the telephone services (except for cases of express refusal by the USER), together with the tax invoice, as well as access to electronic information on monthly bills. Itemized bill contains at least the following information: number and types of services during the reporting period; total amount by types of services; total bill amount; tax charged; amount of deductions due to USER; total amount due; payment period; manners of remote payment, credentials of the UNDERTAKING and contact details.
18.8.3. use the functions "tone dialing", "CLIP” and “COLP”, respectively their restricting, if technically possible and consistent with the requirements of the Electronic Communications Act.
18.8.4. free access to emergency calls until the termination of the individual contract.
18.8.5. request in writing tracing of disturbing and / or malicious calls.
18.8.6. cede the use of the telephone / telephone lines to third parties to which they rent their immovable property with a phone installed, where USER and the third party shall notify the UNDERTAKING in writing of their agreement amounts due to be paid by the third party, and failing such payment within the agreed period, the USER and third party are jointly and severally liable for payment of amounts due for the electronic communications services.
19. USERS who have explicitly agreed to have their details entered in the phone directory may indicate consent to such details being used for delivery by third parties of printed and electronic promotional materials or unsolicited commercial messages, as well as to organizing and conducting marketing research by third parties. The telephone directory, at the USER's request and for a fee, may regulate the time frame within which calls and messages from third parties for direct marketing purposes may be made, and the way of providing them. UNDERTAKING designantes by index "*", placed next to the entry of the USER’s name (company), when the latter has consented its details published in the telephone directory to be used for sending printed and electronic promotional materials or unsolicited commercial messages and conducting marketing research.
20. USERS shall:
20.1. comply with their obligations under the individual contract and these General Terms.
20.2. not assign their rights and obligations under the contract and these General Terms to third parties without the express written consent of the UNDERTAKING.
20.3. notify in writing the UNDERTAKING upon any change of their identification details within 10 (ten) days of occurrence.
20.4. pay for services within the stipulated period and manner in accordance with Section VI hereof, except for payables for periods of interruption of services in cases of force majeure within the meaning of Art. 306.2 of the Trade Act.
20.5. not offer / resell commercially numbers of network or services provided by the UNDERTAKING.
20.5.1. use the service solely for their personal consumption.
20.5.2 not provide in any form, whether for a consideration or not, nor create conditions for copying, recording, retransfer or use the content and services for other purposes, and without overcoming or trying to overcome the mechanisms for protection of the programs against such action and / or unauthorized use.
20.6. provide access to the UNDERTAKING and its authorized representatives to their premises, including common areas of the building, after prior written notification and agreeing of time and place for construction, maintenance, adjustment, repair, troubleshooting and preventive maintenance of network and quality use of services and secure necessary assistance in carrying out the activities listed, including providing power supply on the premises where the service is rendered.
20.7. not carry out, nor allow unauthorized persons to carry out changes in the electronic communication devices and / or network, including not trying to troubleshoot on their own, and not connect to them devices without the prior written consent of the UNDERTAKING. Upon eliminating troubles occurred through their fault in the terminals the relevant warranty period, if any, is suspended.
20.7.1. use only electronic communications devices with assessed compliance, protect terminal electronic communications devices provided by the UNDERTAKING, follow the directions and instructions for proper use of terminal equipment and pay the costs of elimination of troubles, attributable to them in the terminals or other equipment provided by the UNDERTAKING as well as cost of elimination of troubles or complete replacement in the relevant part of the network.
20.7.2. return the electronic communications devices that have been provided to them within five (5) calendar days from the termination of the individual contract with the UNDERTAKING.
20.8. not make, nor allow disturbing or malicious calls or any other unlawful forms of communication and wrong emergency calls from the terminals.
20.9. not allow access by minors to pornographic or other inappropriate programs and/or websites.
20.10. inform the UNDERTAKING upon desire to suspend use of the service or services by a prior written notice of 10 calendar days before the desired date.
20.11. protect and manage with due care the adjacent and common parts of the UNDERTAKING’s electronic communications network built on the USER’s property and / or property with easement. Within the meaning of this section: - “Adjacent part " shall mean the communications cable from the last distribution point on the network to the USER’s terminal, including all ancillary equipment fitted to it. - “Common part” shall mean all other communications cables, passive and active elements on the NETWORK within the boundaries of the USER’s block, entrance, house and / or plot.
20.11.1. USER shall not grant access to third parties in those parts of the network, except with the express consent of the UNDERTAKING.
20.11.2. USER shall assist the UNDERTAKING in building the common and adjacent parts of the network, including channel network connection of the property to the UNDERTAKING’s public electronic communications network and the building’s cabling communications installation.
20.12. not undertake, nor allow, except with the express written consent of the UNDERTAKING, generation, termination, transit or diverting of traffic from / to the UNDERTAKING’s network thus seeking profit for a person other than the UNDERTAKING, nor any artificial generation or diverting of traffic within the meaning of Art. 348a of the Criminal Code by using the service.
21. By accepting these General Terms USER shall be considered informed that VESTITEL may collect and process as well as provide these personal data in accordance with the provisions of the effective legislation in order to provide electronic communications services, including providing value added services that require further processing of traffic data or location data other than the traffic data needed to carry the message or charge it.
22. USERS are liable for damages wilfully caused to the UNDERTAKING that are direct and immediate consequence of their actions and breach of obligations hereunder. USER may fail to fulfill any obligations hereunder due to an instance of force majeure, where they shall in due time notify VESTITEL of the nature of the force majeure and of its possible consequences for the fulfilment of their obligations.
23. UNDERTAKING may refuse to execute a contract for services, for connection to the NETWORK or for restoration of suspended NETWORK access, and to stop providing some or all services when USER:
23.1. fails to provide data and documents in accordance with item 15 hereof or the necessary conditions for the provision of services have not been created, including access to and use of electrical power in the property or premises and other similar conditions.
23.2. has overdue or outstanding liabilities for services provided by UNDERTAKING under item 20.4.
23.3. has used or allowed the use of electronic communications devices or electronic communication services for purposes and in a manner contrary to these General Terms (items 20.2, 20.5, 20.7, 20.8, 20.9, 20.12) and the effective legislation.
23.4. has accessed or has attempted to access services of the UNDERTAKING in a manner inconsistent with these General Terms or prohibited by law.
23.5. has outstanding (pending) financial liabilities to the state and other legal and physical entities.
24. During the suspension of services, the USER is entitled to emergency calls, except where it is technically impossible to enable them.
25. UNDERTAKING is entitled to unilaterally terminate the contract with the USER as well as the provision of services:
25.1. without prior notice upon permanent, systematic or flagrant violation of contractual obligations and / or General Terms. "Flagrant violation of a contractual obligation" is a violation that causes or may cause harm to other USERS or to UNDERTAKING, with the exception of damage caused by breach of obligation under item 20.4. "Systematic violation of a contractual obligation" is a violation that has been committed two or more times within a reporting period by the type of service provided.
25.2. with a 3 / three / day notice upon repeated failure to pay amounts due under section 20.4 (after the maturity of the obligation to pay), as well as upon breach of obligations by the USER under items 20.3 and 20.4 of these General Terms.
26. UNDERTAKING may refuse guarantee or post-guarantee service under item 12.2.1. upon establishing that the USER has undertaken single-handedly or has allowed unauthorized third parties to undertake the installation, modification or repair of devices and / or network.
27. Upon failure to pay on time amounts due USERS shall pay a penalty at the statutory interest rate from the day of delay until the date of payment of sums due under the Obligations and Contracts Act.
28. In case the USER wilfully destroys or damages or allows destruction / damage / theft of modem and / or other electronic communications devices provided by the UNDERTAKING, it shall pay compensation for any and all actual damages caused to the UNDERTAKING, including recovery of the cost of the terminal specified in the bilateral Protocol under item 11. Otherwise, the UNDERTAKING may unilaterally terminate the contract subject to item 25.2.
V. RIGHTS AND OBLIGATIONS OF UNDERTAKING. LIABILITY
29. UNDERTAKING has the right to:
29.1. receive payments due from USERS for services rendered within the time specified in Section VI of these General Terms, except for periods of interruption of services in cases of force majeure within the meaning of Art. 306.2 of the Trade Act.
29.2. make changes in NETWORK technology or structure, propose extending the scope of services provided and make changes to the package of television programs.
29.3. change the number of the USER subject to urgent technological reasons on the basis of 30 / thirty / days written notice.
29.4. provide guidance and instructions for proper use of electronic communications devices and disconnect technically faulty communications devices and such device that do not meet compliance with technical requirements for products.
29.5. provide, in accordance with current legislation and procedures signed with other Providers of portability domain, an option to USERS to retain their geographic number upon changing the fixed telephone service provider and / or changing of address within a geographic national dialing code, and if agreed upon and signing of an express procedure – also the non-geographic numbers when changing the provider providing the specific service.
29.6. suspend the provision of services for preventive check-ups, repairs and network development, subject to conditions under item 18.6.
29.7 access USER’s premises after prior notification and agreement within a period of not less than 24 hours by phone or email.
30. UNDERTAKING shall:
30.1. provide USERS with electronic communications services under Section II, in accordance with these General Terms, individual contracts executed and the laws of the Republic of Bulgaria.
30.2. provide electronic communications services in accordance with the principles of transparency, proportionality and equal treatment under conditions and prices, according to the type of technology used, the categories of users, traffic volume and method of payment and not allow advantages for individual end users or group of users of the same services.
30.3. build, maintain and develop the NETWORK and provide services pursuant to the effective legislation and these General Terms, in terms of continuity, reliability and high quality, subject to applicable standards, rules and technical safety requirements.
30.4. use only technically trouble-free electronic communications devices with assessed compliance, meeting the technical requirements for products and in conformity with the purpose specified by the manufacturer.
30.5. pre-notify USERS upon request for access to their premises.
30.6. notify users via telephone, email, on their website or prominently in their outlets:
30.6.1. of interruption and poor quality of the service provided, upon preventive inspections, repairs or due to network development, planned tests as well as of the date and duration of interruption or poor quality of service not later than 24 hours prior to its effective termination.
30.6.2. of restrictions in the provision of services imposed by the competent authorities in emergency circumstances, disasters or failures or in connection with national security and defense, without being liable for this within the shortest possible time.
30.6.3. of hazard and / or disruption of security and integrity of the NETWORK and implications thereof for invasion of privacy and personal data protection, the funds required for remedy and the costs associated with it in the shortest possible time.
30.7. maintain on its website, in its outlets or otherwise available to consumers, current information concerning name, address and telephone contacts, services offered, quality of service, prices, including details of discounts and special pricing packages, pricing, types of maintenance services, contract terms, a procedure for settling disputes and others.
30.8. provide continuous, quality and reliable operation of the network and provide services 24 hours a day, 7 days a week, except in cases provided for in these General Terms and in cases of force majeure within the meaning of art. 306. 2 of the Trade Act.
30.9. guarantee USERS the exercise of the rights and options under item 18.
30.10. provide information and references on procedures for using the services on a public telephone and / or address for contacts with USERS.
30.11. make publicly available the address and / or phone for incoming notifications, requests, complaints and claims for damages from the USERS and / or other complaints about services provided. UNDERTAKING shall keep a record of the date and time of filing, cause and time of filing and troubleshooting, incl. response to USERS.
30.12. carry out continuous monitoring of services rendered and take measures to remedy the damage and technical problems in the shortest possible time but not longer than 72 hours. The remedy deadline starts from the moment of notification of damage by the USER or from its establishment by the UNDERTAKING.
30.13. eliminate failures in the network due to external reasons beyond the control of UNDERTAKING / rupture of cables and others / and bring the network into a state of normal operating order in the shortest possible time after removal of the causes.
30.14. take all necessary measures to ensure the integrity of NETWORK and free access to emergency services in case of force majeure, if technically possible.
30.15. carry out free repairs of electronic communications devices, where damages are not attributable to the USER or if the damage cannot be remedied, replace the terminal.
30.16. unilaterally change the parameters of the services provided or packages of television programs, subject to applicable law and the UNDERTAKING’s business practice.
30.17. provide these General Terms free of charge upon USERS’ request.
30.18. enable USER to retain its geographic number when changing address within one geographic national dialing code, subject to an express written request by the USER to this effect. Applications must be filled in a form prepared by the UNDERTAKING. UNDERTAKING shall retain the geographic number upon change of address under conditions specified in its price list.
31. UNDERTAKING shall be responsible to USERS for willful misconduct as follows:
31.1. Overcharged amounts for services provided and the amounts for complaints upheld under item 31.2 and item 31.3 of these General Terms shall be deducted from the payment of the subscription price for the next prepaid month /s and upon termination of the contract shall be paid to USER in cash, if the conditions for termination hereunder have been met.
31.2. In case of delay in time frames under item 11 (21 calendar days for connection to the network and service activation) hereunder, UNDERTAKING shall pay a penalty at the rate of 0.1% of the one-off or initial charge for connection to the NETWORK and service activation for each day of delay but not more than 20% of this price, unless the delay is due to the action or omission of third parties beyond the UNDERTAKING’s control.
31.3. Upon failure to meet the deadline under item 30.12 (72 hours) for troubleshooting or elimination of technical problems, resulting in USER’s inability to use the services UNDERTAKING shall pay a penalty proportional to the part of the monthly subscription price for the time during which the service is not provided . The amount of the penalty may be deducted from the price of next month’s subscription.
32. UNDERTAKING shall reimburse USERS for the overcharged amounts under section 31.1 for services provided together with the statutory interest.
32.1. The amounts of claims upheld under item 2.31 and Item 3.31 may be deducted from the rate of subscriptions or other amounts due for the next month depending on services used by USER or paid in cash upon termination of the contract.
32.2 The liability of the UNDERTAKING is realized on the USER’s express written request.
33. UNDERTAKING shall not be liable for:
33.1. damage that is not directly and immediately attributable to its wilfull misconduct;
33.2. damage caused by failed phone calls;
33.3. breach of UNDERTAKING’s obligations due to force majeure – for the period of its duration.
33.4. content of information transmitted through the network;
33.5. content of the programs included in the package of television programs, as well as temporary or permanent discontinuation for reasons beyond the UNDERTAKING’s control or changes in the hourly program schedule.
33.6. discontinuation and / or poor quality of electronic communications services where this is due to the technical parameters and quality of other electronic communications networks, as well as damage and / or failures in these networks;
33.7. discontinuation and / or poor quality of electronic communications services where this is due to the absence, suspension, or deteriorated technical quality parameters of power supply to the building and / or premises;
33.8. failure to provide services or their poor quality due to tests carried out by UNDERTAKING in order to inspect the equipment, connections, networks, etc., as well as tests aimed at improving or streamlining the service provided, only subject to USERS having been informed in advance.
VІ. PRICES, BILLING AND PAYMENT OF SERVICES
34. UNDERTAKING shall provide electronic communications services to USERS against payment of prices determined according to the requirements for equal treatment of the USERS, subject to users’s categories, traffic volume and other conditions made publicly available in advance.
34.1. UNDERTAKING offers price service packages provided independently and as a package, giving the USER the option to choose the services unbundled at prices outside the price package.
34.2. UNDERTAKING may offer discounts on service prices on public conditions, previously made available.
35. Prices for services under item 9 and pricing packages, including ways of billing and reporting according to pricing shall be announced on the UNDERTAKING ‘s website and in all outlets.
36. USERS shall pay UNDERTAKING a price or price packages for services provided, respectively:
36.1. Initial price for NETWORK access and / or activation of services for which the individual contract is concluded. The price shall be paid within the time frame under item 37 and is not subject to refund upon termination of the contract.
36.2. The price of used fixed telephone services - includes the value of all outgoing calls and other services used during the billing period. The billing period is the period from first to last day of the calendar month.
36.3. Monthly subscription fee, which is due for granting access to specified services for which a contract is concluded.
36.4. The price for communications terminal when purchased from the UNDERTAKING or the lease price for use of the terminal;
36.5. The cost to configure the electronic communication terminal.
36.6. The fee for technical assistance in using the service, including installation, maintenance and repair of electronic communications device providided.
36.7. Other service charges specified in the UNDERTAKING’s price list.
37. One-off or initial price for network access and / or activation of services shall be paid as at the date of execution of the individual service contract.
38. The monthly subscription fee shall be paid as follows:
38.1. the fee for the first month is proportional to the number of days the service is used until the end of this particular month.
38.2. for the duration of the service contract it is prepaid during the month preceding the billing period within term under item 40.
38.3. advance payment of the monthly subscription fee can be negotiated with the individual service contract. In this case the deadline for the advance payment shall be determined in the individual contract.
39. Consumption of services is billed on the basis of the UNDERTAKING’s current prices for individual services and individual contracts between parties.
40. The price of providing electronic communications services shall be paid by the 15th day of the month following the month of using the services, except as expressly stated in these General Terms and UNDERTAKING’s pricelist.
41. The price for activation of additional services shall be paid upon signing an annex to the contract and / or upon requesting additional services by type of service and the UNDERTAKING’s current prices.
42. UNDERTAKING shall prepare and send USERS an invoice including monthly subscription fee and the amounts due for the services provided during the billing period and deadline for payment of the bill.
43. Failure to receive an invoice for amounts due shall not relieve USER of the obligation to pay within the stipulated time.
44. USERS shall pay amounts due for the use of electronic communications services:
44.1. In cash at an outlet of UNDERTAKING or to its agent specified in the contract for services;
44.2. By a bank transfer to a bank with requisites and bank account specified in the contract for services or invoices issued. When paying the fee by bank transfer, payment is considered to be made on the date of receipt of the amounts into UNDERTAKING’s account.
44.3. Through electronic payment systems.
44.4. As otherwise specified in the contract.
45. All the services rendered are paid for at rates subject to the UNDERTAKING’s current price list.
46. UNDERTAKING shall determine and change prices for services under these General Terms in accordance with the Electronic Communications Act.
47. UNDERTAKING shall submit prices for electronic communications services to the Communications Regulation Commission for reference at least 3 /three/ days prior to the date of their entry into force.
48. Prices of electronic communications services shall be adjusted by UNDERTAKING subject to supply and demand and subject to the relevant provisions of the effective legislation. Prices of electronic communications services, their amendments are listed in the UNDERTAKING’s price list that is part of the individual contract with the USER.
VІІ. CONSIDERATION OF COMPLAINTS, REQUESTS AND PROPOSALS
49. USERS may submit written complaints, requests and proposals to the UNDERTAKING.
50. UNDERTAKING shall accept written complaints, requests and proposals in its outlets or through its representatives in the places where the service is provided.
51. UNDERTAKING shall consider complaints, requests and proposals submitted, deliver an opinion on them and give a written reply within 30 / thirty / calendar days of their receipt.
52. UNDERTAKING shall keep, maintain and store a register of complaints, requests and proposals from users, as well as answers provided to them by storing files containing complaints, requests, proposals, responses, decisions and measures taken within 12 months.
53. USERS have the right to file complaints addressed to the Communications Regulation Commission as well, if the UNDERTAKING fails to fulfill its obligations. The complaint must contain an accurate description of all circumstances giving rise to the complaint and the signature of the complainant.
54. Complaint submitted shall not relieve USER of the obligation to pay the amount due.
VІІІ. EXTENSION AND TERMINATION OF SERVICES
55. If the service contract between the USER and the UNDERTAKING is for a definite period of time, it can be extended under the following conditions:
55.1. Upon written annex between the parties;
55.2. If the USER does not indicate a desire in writing to terminate the contract within 1 (one) month prior to the expiry of the contract, the contract shall be deemed extended for an indefinite period of time.
56. The Contract between the USER and UNDERTAKING shall be terminated:
56.1. Within the period specified in the individual contract or by the parties’ mutual written consent;
56.2. Unilaterally by UNDERTAKING with a 30 / thirty / days prior written notice to USER.
56.3. Unilaterally by the USER following submission of a 30 / thirty / days written notice to the UNDERTAKING and payment of all amounts due and return of electronic communications devices or equipment when their ownership has not been assigned to it.
56.4. Unilaterally by the USER upon amending the General Terms and without penalty, within one month of their entry into force, except when:
56.4.1. amendments to General Terms arise from applicable law or act of the Communications Regulation Commission.
56.4.2. the individual contract includes concessions to the respective USER.
56.5. Unilaterally by UNDERTAKING without prior notice in case of section 25.1 of these General Terms.
56.6. Unilaterally by UNDERTAKING with 3 a / three / days prior written notice in cases under section 25.2 of these General Terms.
56.7. Upon the instances of force majeure within the meaning of Art. 306. 2 of the Trade Act.
57. In the cases of contract termination stipulated above in these General Terms or individual contract, USER shall return the electronic communications devices or equipment provided for use in the condition in which they were given to the USER, except for normal functional wear, within 5 (five) calendar days and / or provide access for them to be dismantled. Otherwise, it shall owe the UNDERTAKING a penalty amounting to double the price of the device / equipment at current prices. The same penalty is due also when the device / equipment is lost entirely or partially or is permanently damaged through USER’s fault.
58. In cases where the contract is terminated unilaterally by the UNDERTAKING on the basis of USER’s wilful misconduct, UNDERTAKING shall not refund prepaid amounts for services.
IX. RELATIONS OF USER WITH UNDERTAKING IN ITS CAPACITY AS DONATING PROVIDER (effective as from 06.08.2010)
59. The procedure for number portability starts with a written application submitted by the USER to the Host Provider or its authorized distributor or sales representative. The application shall be based on a form prepared by the Host provider. VESTITEL shall ensure equal treatment of USERS who have taken advantage of or have indicated willingness to use their right to number portability and their own USERS.
60. If the USER uses voice-only fixed telephone service, an application to a Host provider shall be considered as an application for termination of contractual relations as stipulated hereunder and in the individual contract signed.
60.1. USER’s contractual relations with Donating provider shall be terminated as stipulated under the General Terms of relations with the donor’s end users, having regard to item 71.6. and 71.7. If the USER wishes portability of a part of all numbers provided by the Donor under a subscription contract, the latter does not cease in respect of the numbers remaining in Donating network. The contract is subject to amendment under item 16.1.1.
61. If the USER uses package services, including the fixed telephone service as well, then the application for portability to a Host provider will be considered an application for transformation of the service package or discontinuation of the use of the other elements of the service package, subject to the approach it has selected.
61.1 The contract for transformed package service or discontinuation of the other elements of the package service shall be effected by disabling access to the UNDERTAKING’s network of those numbers of the fixed telephone service, subject to portability.
62. At the time of filing the application USER shall have paid or pay all liabilities to the UNDERTAKING directly related to the ported number and services used by it, incl. package services, related to ported number / numbers that have matured prior to the date of application.
62.1. Liabilities arising from payment of amounts due relating to early termination of fixed term contracts and / or contracts for leasing of such terminal devices or equipment shall be paid by the USER by the day preceding the date fixed for the window of portability. In case of conflict between period for implementation of the portability and the period of prior notice of termination of an individual contract the notice shall be considered duly delivered and the USER shall be charged no penalties for early termination of fixed-term contract and / or failure to meet the notice deadline if the following conditions are met:
62.1.1. USER has sent the notice of termination within the last month stipulated in the individual contract for sending a notice
62.1.2. only if the breach refers to early termination in respect of the period from application for portability until expiry of the current term of the contract and this contract is not renewed for a further period under the terms of the latter stipulated therein or refers to a breach of the period of a notice under an indefinite-term contract.
63. The USER shall pay the Donating provider all liabilities related to the ported number and services used through it, incl. package services, related to the ported number / numbers that are incurred or become payable after filing the application for number portability to the termination of contractual relations.
64. Upon application for number portability the USER shall have used the services of the UNDERTAKING through the relevant number / s for a period not less than 3 / three / months.
65. Donating provider may reasonably refuse portability number / s to the Host provider only in the following cases:
65.1. number is nonexistent or has not been provided to a USER of the Donating provider;
65.2. number is not active;
65.3. Donating provider has already received from a Host Provider a request for the same number to be ported, the procedure for which has not yet been completed;
65.4. failure to pay all liabilities to the Donating Provider directly related to the ported number and services used through it, that are incurred or become payable before filing the application and payable by USER to Donating provider.
65.5. failure to pay all amounts due related to early termination of fixed term contracts with the Donating Provider and / or such amounts for lease of terminal devices or equipment directly related to the ported number / s and services used through it to the day preceding the date fixed for window portability ;
65.6 the USER has used the Donor’s services for a period of less than 3 (three) months;
65.7. USER’s data submitted by the Host provider are incomplete and / or inaccurate;
65.8. Portability of a group of numbers requires reconfiguration and such reconfiguration has not been requested or the so requested reconfiguration does not allow for the implementation of portability as well as failure to pay the reconfiguration charge. Reconfiguration is required for the following numbers:
65.8.1. number to be ported is the main number of a series of individual numbers, unless it is ported along with the entire series
65.8.2. number to be ported is part of the block of main / group number, unless the entire block / group is ported
65.8.3. number to be ported is a member of Centrex service
65.8.4. number to be ported is of a specific analysis
65.8.5. number to be ported is in a common configuration with a group of numbers assigned to a particular interface (BRI / PRI)
65.9. number to be ported is part of a reduced number group.
65.10. Donating Provider informs the calling user that the called number is ported.
65.10.1. Information under item 65.10 shall be given by a single 3 second beep with a period of 2 seconds after the sound signal, which allows a choice of users to either terminate or go ahead with the call.
65.10.2. Donating Provider disables information under 65.10 at the express written request from the calling user. Disabling is allowed for all calls to ported numbers from the donating provider’s network and, if technically possible - and for number or numbers specifically identified by user.
X. RELATIONS OF USER WITH UNDERTAKING IN ITS CAPACITY AS A HOST PROVIDER (effective as of 06.08.2010)
66. USER wishing to port its number to the network of the UNDERTAKING / Host provider shall file an application for portability in person or by proxy. If the application is submitted by an proxy of the User, this proxy shall be duly authorized, in accordance with the General Terms for relations with end users of the Host provider. User shall not pay a portability charge.
67. The user can submit an application for number/s portability with Host Provider each business day in the offices of the UNDERTAKING. The application can also be filed with expressly authorized distributors or trading partners of the UNDERTAKING.
68. The Host provider shall notify the User of the presence of a response to the application for portability. If the User does not appear in person or by authorized representative at the Host provider or its authorized distributor within the specified period to remove faults in the submitted application and / or there are grounds for refusal under Art. 65 and Art. 77, it shall be deemed that there is a withdrawal of the application and authorization to terminate the contractual relationship with the Donating provider. In the cases of the preceding sentence, the Host provider shall immediately notify the Donating provider of the withdrawal of the application and termination of the procedure for portability.
69. When filing an application for number/s portability with the Host provider, the latter shall inform the USER about the following:
69.1. For users with prepaid access the porting of numbers / s may be associated with non-use of all prepaid credit;
69.2. Conditions and terms for the portability of numbers / s and the option to retain or change the manner of use of the Host provider’s services - subscription or prepaid services. The USERS’s option to retain or change the type of account with the Host provider is assessed by the latter according to its trade policy.
69.3. Possible loss of effective additional services after porting.
69.4. Possible reconfiguration of ported number/s/ upon payment of the charge;
69.5. Grounds for refusal of number/ s portability;
69.6. Reasons for delay of portability and its implementation after the specified deadline of portability, and the new date of portability specified;
69.7. Window of portability and inability to access the network in this period
69.8. Possible poor quality of electronic communications services on the day of portability.
70. When submitting an application for number portability / USER shall submit documents for verification pursuant to the General Terms for relations with the Host Provider’s end users as well as documents verifying the data included in the application for portability.
71. The application must include:
71.1. For USERS:
71.1.1. Physical persons Bulgarian citizens - full name, PIN, ID card number, date and place of issuance of the document, permanent address within the Republic of Bulgaria;
71.1.2. Physical persons foreign nationals - names, PIN (if any), number of valid ID, date and place of issuance of the document, permanent address within the Republic of Bulgaria (for foreign nationals residing in the country for longer periods - with current address);
71.1.3. Physical persons, freelancers or craftsmen - full name, code BULSTAT and business address of practice;
71.1.4. Persons who are registered in the trade register of the Registry Agencyunder TRA - company / name / SIC, VAT number (only traders registered for VAT) and legal representative;
71.1.5. Persons who are registered by the competent District Court and have not applied for registration or re-registration under the TRA (until expiry of the grace period under § 4, para. 1 of the AP of TRA), the law does not provide for re-registration, or the law provides only for registration in the BULSTAT register and NRA for tax purposes - a company / name /, principal address of business, company file, BULSTAT code, VAT number (only for traders who are registered for VAT) and legal representative;
71.1.6. Other legal persons or organizations that do not have the status of legal entity (state or municipal authorities and administrations established under an Act or another legal instrument, affiliates, trade agencies, associations, etc.) - the act of incorporation; registration BULSTAT; principal address of business, full name of representative and / or an indication of the order appointing the representative; power of attorney or another valid instrument certifying representative power of third parties, other than those representing the relevant legal entity or organization by law and a valid identity document of the representative, or the authorized person.
71.2. Number / s or group of numbers targeted by the application for protability;
71.3. Phone number to contact the USER;
71.4. Signature, date and exact time of application;
71.5. Statement by the USER that the data listed in the application is true.
71.6. Written consent of the USER to terminate its contractual relations with the Donating provider with regard to number / s referred to in the application for portability as from the date of the porting the number/ s into the Host provider’s network, and a statement from the USER that it will fulfill all obligations under its individual contract with the Donating provider with the following wording:"I agree the contract under which a fixed telephone service is provided, concluded with the [name of Donating provider] to be terminated with regard to number / s, the portability of which I am applying for with this application for portability. I declare that I will fulfill all obligations under the contract under the preceding sentence, including but not limited to, obligations related to defaults under this contract. "
71.7. Informed consent that, in the event of termination of the portability procedurebefore it expires, the declaration of intention to terminate thecontract with Donating provider and to authorize the Host providerunder 71.8. below shall be considered withdrawn with the following wording:"I understand and agree that in the event of termination of the portability procedurebefore it expires, my consent to terminate the contract with [name of Donating provider] and authorize [name of the Host provider] to act on my behalf and for my account shall be considered automatically withdrawn."
71.8. Authorization of the Host provider by the USER to terminate the contractual relations between the USER and the Donating provider with the following wording: "I authorize [Name of the Host provider]: - to terminate on my behalf and for my account the contract with [name of Donating provider] by referring this application for portability to [name of Donating provider], and this application shall be deemed a written prior notice of termination of a bilateral agreement with regard to numbers, the portability of which I request therewith as well as - to take the necessary statutory actions for implementing the process of portability. "
71.9. Consents by the USER to provide USER’s data, including the necessary personal data by the Donating provider with the following wording:"I agree [name of Donating provider] to provide the necessary data relating to me in my capacity as a USER to [Name of the Host provider] for the purpose of implementing out the process of portability."
71.10. Option for the USER to express consent upon grounds for denial or suspension of portability with regard to part of the numbers included in the application, the procedure for porting the other numbers included in the application to continue.
72. The application must also meet the following conditions:
72.1. All numbers in the application must be in the Donating provider’s network.
72.2. All numbers in the application are made available by UNDERTAKING for use byUSER filing the application.
72.3. It shall contain an option to indicate the method of reconfiguration ofnumbers whose portability is sought when necessary.
73. The number of numbers that can be included in the application is notlimited and depends solely on the USER.
74. In the presence of explicit consent by the Host providerthe application may also contain an authorization in ordinary written form by the USER of the Host provider for payment of outstanding payments to the Donating provider on behalf of and for the account of the authorizing USER.
75. The Host provider shall certify the fact of filing the application by providing a copy thereof to the USER.
76. The application for number/ s portability shall be submitted by USER personally or USER’s representative at the front offices of the Host provider. The application may be also submitted with explicitly authorized distributor or sales representative of the Host provider. Applications submitted by mail, fax and email shall not be accepted. If the application is submitted by a proxy, the latter shall be duly authorized, in accordance with the requirements of the General Terms for relations with end users of Host provider.
77. The Host provider may reasonably deny portability in the following cases only:
77.1. User is incapacitated and has not been duly represented by a third party;
77.2. The application was filed by a third party who is not duly authorized by the User;
77.3. User has not paid a one-off consumer fee for number/ s portability, if such is due;
77.4. Data submitted by the User in the application is incomplete and / or inaccurate;
77.5. Documents required with the application were not submitted;
77.6. There are some generally applicable grounds for refusal to provide public fixed telephone service stipulated in the General Terms for relations with end users of the Host provider;
77.7. Lack of technical capacity to provide a public fixed telephone service to the address specified in the application for portability.
78. In the case of 65.4, 65.7, 65.8, 65.9 of Section IX the application is not considered by the Host provider until the faults are removed and the suspension of the procedure is not more than 30 days of filing the application. In the case under 65.5. portability shal not be performed until this fault is removed and the suspension of the procedure is not more than 30 days of filing the application. If the faults are not removed within these time frames, the procedure shall be terminated by an express written refusal of the Host provider. In the other cases, the procedure for considering the application shall be terminated by the express written refusal of the Host provider. In the case of a removable cause for refusal, the contract of the USER is considered extended until the termination of the procedure with a written denial of portability or actual implementation of the portability process, regardless of the notice of termination, and this extension cannot be considered on grounds for charging additional alties beyond those of which the Donating provider has informed the Host provider under 81 of this section.
79. In the cases of 65.8.1, 65.8.2, 65.8.3, 65.8.4 and 65.8.5. reconfiguration shall be requested in the application for portability which the USER submits to the Host provider.
80. Upon receipt of application for portability, the Host provider shall make an enquiry in electronic format to the Donating provider to verify the existence of the conditions listed in this item, item 65 and to set a date for porting the number/s. The enquiry is made not later than the next business day after the application is filed. A copy of the application for portability (in the form of a scanned document) is attached to the request under the preceding sentence.
81. The Donating provider shall notify the Host provider of the circumstances under item 65 of this section, including the amount of the liabilities under section 65.5. as well as the grounds for their charging, within 2 working days from receipt of enquiry from the Host provider for the presence of an application for number portability submitted to him. If a reconfiguration of the ported numbers is necessary and no method of reconfiguration is specified by the User or the reconfiguration specified by the user is not technically feasible, the Donating provider shall provide the Host provider with information on the necessary reconfiguration within the period of the preceding sentence, and also indicate the amount of price for reconfiguration payable by the User prior to portability. Requirement for payment of a reconfiguration charge other than the generally applicable price for this service, applied by Donating provider shall not be allowed.
82. An application for number portability can be filed again whenobstacles for refusal are removed.
83. When applying for portability of more than one number, the Host provider shall accept at the User's option a separate application for portability for each number, separate applications for User-specified number of numbers or one application for all numbers. In the case of an application for the portability of more than one number, the grounds for refusal under item 65 or item 77 shall be assessed for each separate item included in the application for portability. With regard to the number / s from the same application for portability for which there are no grounds for refusal or suspension, the portability procedure continues, if there is explicit consent from the User.
84. The User can withdraw his application for number/s portability not later than the date preceding the date on which the portability is implemented. In this case, withdrawal of the application shall terminate the procedure for number/s portability as well, considering that there is a withdrawal of the request and authorization for termination of the contract with the Donating provider. The application is withdrawn either with Host or with Donating provider and the provider receiving the application for withdrawal shall immediately notify the other provider of the withdrawal of the application. A copy of the application for withdrawal (in the form of a scanned document) shall be attached to the notification under the preceding sentence. Withdrawal of the application shall be made in a standard form agreed between the parties as a form of the application shall be an integral part of this procedure, after its signature by the duly authorized representatives of the parties.
85. In the cases under item 65.5. of this section, the Donating provider shall notify the Host provider before the day preceding the date fixed for the window of portability whether all amounts due related to early termination of the fixed-term contract / s and / or to any lease of terminal equipment or equipment directly related to ported numbers and services used through it are paid or not. If outstanding, Donating provider and Host provider shall agree on a new date for the window of portability, which is 30 days from the date of filing the application for portability. The Host provider has an obligation to inform User of delayed portability and the reasons therefor in an appropriate manner, or settle, on behalf of and for the account of the user the outstanding amount under this section, item 62 within the time limit. Upon failure to pay by the day preceding the new date of the window of portability the procedure for determining the new date shall apply until the expiry of 30 days of filing the applicati.
86. Host provider shall conclude a contract for provision of fixed services with the User and such contract shall become effective subject to successful completion of the process of porting.
87. UNDERTAKING shall, if technically possible and in accordance with the set daily limits for porting numbers, ensure the porting of Number/s within 10 (ten) business days for groups of numbers and within 7 (seven) working days for individual numbers as from filing the application with Host provider and include a window of portability of not more than 8 hours. In case of delay due to technical problems, resulting in suspension of a system, at Donating or Host network that services the process of number portability, UNDERTAKING and Donating provider shall set a new date of porting, of which UNDERTAKING shall inform the USER.
88. Relations between the USER and the UNDERTAKING after implementing the portability are settled according to these General Terms.
89. In case of the USER’s failure to pay within 60 / sixty-days from the date of issuance of the first outstanding invoice by the Donating provider the UNDERTAKING is entitled to impose restrictions on use of services by the user or to pay the latter’s liabilities. Liabilities to the Donating provider should have arisen or become payable after filing the application for portability of number/s until termination of the contractual relations with the Donating provider.
90. Request to restrict user’s access to the host network or to pay user’s liabilities shall be made by the Donating provider to the Host provider, if the liability is not settled within 60 (sixty) days from the date of issuance of the first outstanding invoice.
91. UNDERTAKING can pay the liabilities of the USER under item 90 of these General Terms. UNDERTAKING shall notify USER in advance of the amount due to Donating undertaking. Upon failure by USER to pay the amount due within five days from the date of notification under the preceding sentence it shall be presumed that such USER has agreed that the amount is paid by the UNDERTAKING and has confirmed that its liability to the Donating provider is actual, due and at the rate specified by the Donating provider, and that there are no objections to be opposed to the Donating provider. In this case, the UNDERTAKING shall be considered to assume the debt of the USER to the Donating provider. In internal relations between the USER and UNDERTAKING the USER shall be responsible for the whole debt.
92. Upon payment by the UNDERTAKING of the amount due by the USER to the Donating provider, the UNDERTAKING shall assume the rights of the Donor vis a vis the USER and shall have regressive rights vis a vis USER to the extent of the amount paid. UNDERTAKING shall exercise its right of regress through the courts or by requiring the amount due, and its inclusion in the USER’s tax invoice for that month.
93. UNDERTAKING may suspend USER’s access to the network within 1 / one / day of receipt of notification from Donating provider for any outstanding amounts. UNDERTAKING shall restore access to the network within 1 day of receipt of notification from Donating provider for repayment of debt. USER’s prepaid charges relating to the period of restriction of use of the service, are not recoverable.
94. Should the USER fail to pay its outstanding amounts to the Donating provider within 10 / ten / days of the imposition of restrictions on use of services, UNDERTAKING shall terminate the contract with such USER.
95. UNDERTAKING shall inform USERS in case they make outgoing calls to numbers initially provided to the company from the National Numbering Plan, ported to the network of other providers.
ХІ. SECURITY OF NETWORK AND SERVICES. COMMUNICATIONS PRIVACY AND PROTECTION OF PERSONAL DATA
96. UNDERTAKING shall take the necessary technical and organizational measures to maintain security of NETWORK and / or services provided, including where necessary jointly with other undertakings providing electronic communications services in order to protect fundamental rights and freedoms of USERS, privacy and ensure the free movement of such data and services within the European Union.
97. UNDERTAKING shall not disclose and disseminate messages and related traffic data, location data and the data necessary to identify USERS which have become known to it through providing the NETWORK / services. This obligation shall also apply to UNDERTAKING’s employees that have or could gain access to these messages and data.
98. In order to protect confidentiality no listening, tapping, storage or other kinds of interception or monitoring of communications by persons other than the sender andrecipient shall be allowed without their explicit consent, unless otherwise provided for by legislation.
99. The UNDERTAKING is registered as a personal data administrator by the Commission for Protection of Personal Data.
100. UNDERTAKING can collect, process and use data on USERS when such data are directly designed to provide electronic communications services and / or to maintain normal functioning of the network and equipment and detection and tracking of disturbing calls, subject to the requirements of Art. 248 and following of the Electronic Communications Act.
101. Data on personal identification number of USERS – physical persons can only be used for recovery of receivables by UNDERTAKING through the courts, subject to an explicit consent of the person to this effect.
102. UNDERTAKING shall store certain categories of data for national security needs as well as for crime detection for a period of 12 months (with the exception of data revealing the content of messages) under terms and conditions determined by an ordinance of the Minister of Interior and the Chairman of the State Agency for Information Technologies and Communications.
103. UNDERTAKING shall process and provide data on USERS’ location in case of emergency calls, including when no prior consent has been obtained for their processing or a provisional waiver of their processing has been made.
104. The data relating to USERS may not be provided to third parties, except with the USER’s consent of the consumer and as provided by law.
105. UNDERTAKING shall be entitled to process data relating to users of other undertakings providing electronic communications networks and / or services to the extent necessary for the UNDERTAKING to fulfill its obligations under contracts with these undertakings or to fulfill obligations set out in these General Terms and Conditions or law.
106. UNDERTAKING shall be entitled to process and provide the competent services with data location of USERS in case of emergency calls, including when when no prior consent has been obtained for their processing, under the terms and conditions laid down in Art. 255. 3 of the ECA and its implementing regulations.
107. UNDERTAKING shall store USERS’ information under item 105 within terms as stipulated by law, and if none are stipulated - for a period 12 / twelve / months and shall make them available to USERS at their written request as stipulated by law.
108. For pending cases relating to the protection of USERS’ privacy the Electronic Communications Act and the Protection of Personal Data Act shall apply.
ХІІ. SETTLEMENT OF DISPUTES
109. Disputes between the UNDERTAKING and the USER shall be settled by negotiation between them. Failing agreement, either party may request assistance from the Communications Regulation Commission, or refer the dispute to the competent Bulgarian court.
ХІІІ. AMENDMENTS TO GENERAL TERMS
110. UNDERTAKING may amend the General Terms at the USERS’ proposal, on its own initiative or in connection with an act of the Communications Regulation Commission.
111. The General Terms or any amendments thereto shall be published by UNDERTAKING on its website and displayed prominently in its outlets or as otherwise appropriate within a period not less than one month before their enactment.
112. Upon any amendment to the General Terms, USERS under effective individual contracts shall have the right to terminate the individual contract within a month, and subject to 56.4 of the General Terms.
113. The General Terms and their amendments shall be referred to the Communications Regulation Commission and the Commission for Protection of Consumers the General.
ХІV. APPLICABLE LAW
114. Any outstanding matters in these Terms shall be governed by the provisions of the effective Bulgarian legislation.
ХV. ADDITIONAL TERMS
115. All notices and notifications between the parties shall be in writing, signed by the parties or their agents and shall be sent to the address of each party specified in the contract. The written form shall be complied with upon service of a letter with advice of delivery, by courier service, by registered mail with advice of delivery, by telex, facsimile or otherwise, certifying due service, as well as an email address specified by the parties. Electronic statements are deemed received upon their arrival in the information system specified by the addressee.
116. The period of notices commences on the date of their receipt by the party to the contract to which they are sent subject to the provisions of the Civil Procedure Code.
117. In case the USER fails to notify UNDERTAKING of the change of its mailing address, notices shall be considered duly delivered if sent to the address specified in the contract.
ХVІ. ENTRY INTO FORCE
118. These General Terms shall come into force as from 8.6.2010, superseding the General Terms of relations with end users, approved by Order № B-B3 – 237 of 22.07.2009 of the Executive Director of the VESTITEL BG AD.
119. These General Terms are applicable to all existing contractual arrangements between the UNDERTAKING and end users.
119.1. Within 30 (thirty) days from the effective date of these General Terms USERS shall have the right to express explicit dissent and to submit to the UNDERTAKING a written notice of termination of individual contracts.
119.2. The absence of an explicit statement by existing USERS under item 119 does not give rise to an automatic termination of contractual relations and the General Terms are deemed accepted.
120. Procedures for implementation of number portability on the basis of certificates issued and valid at the time of introduction of the terms and conditions for the implementation of portability in accordance with Decision N 374/17.03.2010 on the Communications Regulation Commission shall be completed under the previous terms and conditions. These General Terms have been approved by Order № B- B3-238 of 08.06.2010 of the Executive Director of the Vestitel BG.
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